From the Visalia Times Delta of February 29, 2008
Police: Boy, 13, shot man in self-defense
A Visalia woman whose common-law husband was shot and killed Wednesday was moving out of the couple's south Visalia home when the incident occurred, neighbors and police said.
Witnesses said Joe Ray Martinez, 38, tried to stop the woman from doing so and got into an altercation with another man.
"That's when [Martinez] drew a gun and threatened to shoot everyone, including kids," said Terry Anderson, a neighbor in the quiet cul-de-sac on South Thomas Street near Paradise Avenue.
One of the "kids" at the home was a 13-year-old boy.
The boy emerged from the home and shot Martinez in "a clear case of self-defense," Visalia Police Department Sgt. Ernie Villa said.
"There will be no arrests," Villa said.
History of violence, abuse
Martinez had a long history of violent behavior, with felony convictions in 2000 and 2001 for assault with a nonfirearm deadly weapon, according to court records.
Violence was common in the South Thomas Street home, Anderson said.
"The abuse was terrible for the other people living there," said Anderson, who said the family had moved into the house about four months ago.
Martinez also had 23 vehicle-code violations since 1993 and twice was convicted of misdemeanor witness-threatening, records show.
In 2001, he was convicted of being a felon in possession of a firearm.
He had a gun Wednesday, too.
"[Martinez] waved the gun at everyone there," Villa said.
"All the stories from all the witnesses we talked to were consistent."
The case is now being handed over to the Tulare County District Attorney's Office.
Villa said he expects officials there to agree that the shooting was a matter of self-defense.
Further links:
13-Year-Old Shoots and Kills Man In Self Defense
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